Student Defense for Middle and Elementary Students in Missouri

Missouri Middle and Elementary Education Issues

As a parent, you know how important it is for your child to succeed in school. Not only do they need an education to get a good job and be successful in life, but education provides other benefits, such as improved self-esteem and social development.

Children are typically most receptive to learning the younger they are, but they are also more susceptible to making mistakes or errors in judgment. They are also most likely to suffer both educationally and emotionally if faced with serious academic or behavioral issues, especially ones that cause them to get in trouble at school.

The struggles your child experiences could have grave consequences for their life and may disrupt or destroy promising prospects in their future. That is why it is vital for you to get help if your child faces disciplinary actions from their school. If the school has accused your child of serious wrongdoing or failing to progress academically—if your child is not getting the necessary support they need or is otherwise completely in conflict with the school—you need to take the matter seriously and contact an experienced Student Defense Team who can help you get the favorable outcomes you seek.

Academic Misconduct Charges in Missouri Middle and Elementary Schools

Missouri's Department of Elementary and Secondary Education (MDESE) authorizes all schools to adopt and enforce student codes of conduct, including elementary and middle schools. This means that even young children can face harsh disciplinary actions from their school that could adversely affect their educational standing and future.

Each district must have its own written rule of conduct, and for Academic Dishonesty, for instance, the Wentzville School District defines the offense as “cheating, stealing answers, plagiarizing, and other forms of academic dishonesty in any form.”

For elementary and middle schools, consequences include a conference with the principal, in-school suspension, re-doing the assignment, or an alternative, for up to 70% of the possible assigned points. Subsequent offenses can lead to more harsh consequences.

Missouri Middle and Elementary School Behavioral Misconduct Charges

An elementary or middle school student in Missouri can face a litany of charges for behavioral misconduct. The St. Louis School District (SLSD) has developed a student code of conduct regarding student behavior that is consistent with the Safe Schools Act. As such, any felonious offenses a student allegedly perpetrates will immediately be forwarded to the appropriate law enforcement for investigation and prosecution. These include violent crimes and drug and gun-related offenses, but can also include stalking and crimes related to bullying.

The MDESE also authorizes schools to take any disciplinary action as reasonable and warranted, which can include suspension or expulsion. Incidentally, Missouri allows each school district to determine its own policy regarding corporal punishment of students. The MDESE states, “If the district uses corporal punishment as a form of discipline, the local board of education must adopt a policy regarding the use and administration of corporal punishment.”

The St. Louis School District expressly states that it prohibits district employees and volunteers from administering corporal punishment. However, the district does allow physical restraint “only when other means of preventing or stopping a breach of discipline have proved ineffective.”

The SLSD and other school districts across Missouri classify student behavioral infractions into four types:

  • Type I – Refers to “incidents that severely interfere with anyone's safety and learning.” They are also considered harmful and warrant “immediate response” from authorities, including school administration, crisis teams, and local law enforcement. Examples include alcohol and drug possession, weapons possession, assault, making bomb threats, robbery, and other crimes.
  • Type II - Refers to infractions that are “threatening or harmful” or legal violations that require “administrative intervention.” Specific offenses include theft under $500, vandalism, fighting, bullying, and trespassing, among others.
  • Type III – Refers to infractions that a teacher can handle on their own with no, or minimal, involvement from administration—although administrative referral may be warranted. Examples include horseplay in the classroom, verbal abuse (or harshly talking back to the teacher), dress code violations, cutting class, and similar offenses.
  • Type IV – Refers to infractions that occur on school buses or other school-owned vehicles. Since the bus is an “extension of the classroom,” any Title I – III offense on a bus will be handled as if it happened on campus.

The penalty a student receives varies and depends on the nature of the infraction and other factors, such as whether anyone was hurt or whether the student broke the law.

Missouri Middle and Elementary School Disability Issues

Like all other states, Missouri must comply with the federal Individuals with Disabilities Education Act (IDEA). This requires elementary and middle schools to provide free appropriate public education (FAPE). Under federal and Missouri law, schools must maintain an Individualized Education Program (IEP) for each student who has a disability.

All schools must contend with federal regulations regarding students with disabilities, and disabled students also face special, yet considerable, challenges in obtaining their education. As such, schools must provide the required accommodations for the student. These can include note-taking and reading-assist devices, modified class schedules and environments, and other aids and services. When a student under an IEP faces discipline for alleged misconduct, federal law requires the school to conduct a manifestation determination as part of the adjudication process.

Missouri Education Attorney Advisor Services

The Student Defense Team at the Lento Law Firm is a group of highly qualified and experienced attorney advisors who can help your child face their academic challenges head-on. We will ensure your student is treated fairly under state law and school procedures, and we can advocate on your child's behalf to help them obtain the most favorable outcome possible.

Lento Law Firm's Education Law Team can help you evaluate the school's charges and explain your child's procedural rights. We can also present exonerating or mitigating evidence to counter disciplinary charges and research, brief, and argue federal and state laws and regulations mandating or advising your student's special rights and relief. We may also engage in information resolution conferences and use the discovery process to determine the evidence the school has against your student. Our team can also ensure your child receives a fair hearing, and we can assist with appealing a decision against your child.

Having an attorney advisor on your side is imperative to getting the best results possible, and you can count on us to always have your child's best interests at heart as we fight diligently for their rights and future.

Where the Lento Law Firm Can Help

The Lento Law Firm's Student Defense Team represents and defends elementary and middle school students in Missouri and throughout the United States. The skilled and experienced attorney advisors on the Lento Law Firm's Student Defense Team can represent your Missouri elementary or middle school student at any of these locations:

  • Crystal City Elementary School
  • Ridgewood Middle School in Arnold
  • Middle Grove Elementary School in Madison
  • Spring Bluff Elementary School in Sullivan
  • Pleasant View K-8 in Springfield
  • Willow Springs Middle School
  • Valley Park Middle School
  • Lexington Middle School
  • Brentwood Middle School
  • Barnwell Middle School in St. Charles
  • Lawson Middle School

We also serve students in larger municipalities throughout Missouri, including Barry Middle, Maple Park, and Northeast Middle in Kansas City, as well as Mason Elementary, Fanning Middle, and Gateway Middle in St. Louis, among others.

Premier California Education Attorney Advisors

No matter where you live or where your child attends elementary or middle school in Missouri, you can retain the Lento Law Firm's premier Education Law Team to help your Missouri middle or elementary school student with their school challenges. The Lento Law Firm Student Defense Team has years of nationwide experience that sets them apart, and you can trust them to work hard to help your child protect and preserve their education and future. Call 888.535.3686 or go online now for skilled and experienced attorney advisor defense in Missouri.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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